Court No. - 58
Case :- WRIT - A No. - 16592 of 2018 Petitioner :- Ram Chandra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Raj Prajapati,Asharfi Lal,Vaibhav Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed seeking following reliefs:
"(a) issue a writ, order or direction in the nature of Mandamus directing the respondents to give Notional Pay Scale along with all arrears of it to the petitioner as the petitioner was not promoted on the post of Sub-Inspector of Police although he was legally entitled for it, ignoring the adverse remarks dated 17.11.2014 which was wrongly mentioned in the Prapatra send by the office of Superintendent of Police, Kaushambi in his character role to the Promotion Board."
Grievance of the petitioner is that in the promotional exercise undertaken on 20th February, 2018, petitioner's claim for promotion to the post of Sub Inspector has not been considered on account of an adverse entry awarded to him on 17.11.2014. The order of respondent has been challenged on the ground that the order dated 17.11.2014 had already been set aside on 30th April, 2015, and, therefore, the authorities were not justified in denying consideration to petitioner's claim.
Shri V.D. Yadav, learned Standing Counsel, has obtained instructions. On the basis of instructions received from Superintendent of Police, Kaushambi, he submits that order dated 30th April, 2015, has not been brought on record by the petitioner nor any such order exists in the personal file of the petitioner.
Along with the writ petition also, petitioner has not annexed copy of the order dated 30th April, 2015.
In the facts and circumstances, it would, therefore, be appropriate to dispose of the petition permitting the petitioner to approach respondent-authority along with certified copy of this order within two weeks. Petitioner shall annex copy of the order allegedly passed in his favour on 30th April, 2015, whereby the punishment order dated 17.11.2014 has been set aside.
In case, such an order is brought on record and the same has attained finality, the concerned respondents shall consider petitioner's claim for promotion in accordance with law from the date such benefit has been granted to his juniors.
With above observations/directions, this petition stands disposed of.
Order Date :- 23.8.2018 LN Tripathi